Citation Nr: 21014039 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 13-16 299 DATE: March 11, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran had active service from October 1980 to October 1983. In August 2018, the Board of Veterans’ Appeals (Board) denied the Veteran’s claims for service connection for left and right knee disabilities. This decision was appealed to the United States Court of Appeals for Veterans Claims (Court). In July 2019, the Court granted a Joint Motion for Remand (JMR) vacating the Board’s decision that denied the Veteran’s claims for service connection and remanding the issues to the Board. In October 2019, the Veteran’s claims for service connection for left and right knee disabilities were denied again by the Board. The Veteran also appealed this decision. In October 2020, the Court granted a JMR vacating the Board’s decision and remanding the issues to the Board. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. The 2020 JMR states that the September 2016 VA examiner relied upon VA treatment records that have not been associated with the claims file. The record reflects that VA treatment records were last associated with the claims file in April 2013 and that the Veteran has sought treatment related to his bilateral knees since that time. VA treatment records are within VA's constructive possession and must be obtained regardless of their relevance as long as they are sufficiently identified. Sullivan v. McDonald, 815 F.3d 786, 793 (Fed. Cir. 2016). As such, the Board finds that these issues must be remanded to obtain any outstanding VA treatment records since April 2013. Additionally, the JMR notes that the Veteran reported serving in the United States Army Reserve from October 6, 1983 to October 6, 1986 on his August 2011 claim for service connection. While the Board notes that the Veteran has not reported injury related to his right knees during his Reserve service, the Board requests that reasonable efforts be undertaken to retrieve the Veteran’s treatment records from his period of service in the Reserve. The matters are REMANDED for the following action: 1. Undertake appropriate efforts to associate any outstanding VA treatment records since April 1, 2013 with the claims file. 2. Undertake appropriate efforts to obtain any outstanding service treatment records, to include documents pertaining to his service in the Army Reserve (including by way of directly contacting these entities, if necessary). (Continued on the next page)   If any of the Veteran's service records pertaining to his Army Reserve service are missing or are otherwise unavailable, this fact should be documented, and a formal finding of unavailability should be made with notice to the Veteran and his representative. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P.M. Johnson, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.